SHEIK KHALILUR RAHEMAN Vs. ESTATE OFFICER

JUDGEMENT

(1.) THIS is an application by a lessee of the State of Orissa to quash Annexure 1 (final order of O. P. No, 1) and Annexure 4 (appellate order) passed in eviction proceedings under the Orissa Public Premises (Eviction of Unauthorised occupants) Act, 1972 (hereinafter referred to as the Act ). The petitioner obtained lease of a piece of land measuring 45 ft. x 80 ft. in extent comprised in plot No. 15a situated in Unit' No. 1 at Bapuji Nagar from the State of Orissa. The lease deed was executed on 20-9-1970 and possession was delivered through the Revenue Inspector of P. and S. Department on 9-21971. At the time of allotment a plan of the leasehold premises was prepared which in this case is drawing No. C. 5417. According to it the leasehold property was bounded as follows:--North --Plot No 15-B south --Plot No. 15 east --Govt. land and road, and West --18' wide lane.

(2.) IT is admitted that the usual procedure at the time of delivery of possession of the leasehold property is to make out a possession report signed by the allottee and the Revenue Inspector of P. and S. Department and a copy of such report is delivered to the allottee and another copy is retained by the lessor in the relevant lease-case record. State Government's copy is not forthcoming on the ground that it is not traceable. The petitioner has extracted relevant portion of it in para 2 of his petition, apparently from his copy, which runs as follows:-" demarcation of shop-cum-residence plot No. 15-A in shop-cum-residential site in Unit No. 1 Bapuji Nagar taken from the Estate Officer and ex-officio Deputy Secretary to Government, P. and S. Department on the 9th day of February, 1971 in accordance with the registered lease deed and drawing No. C-5417. The size of the plot is 45' x 80' and bounded by: on the North --Plot No 15-B on the South --Plot No. 15 on t handed over by Taken over by r. I. of P. and S. Sk. Khalilur Rahe-Department man lessee, on 9-2-71. on 9-2-71. "

(3.) AFTER getting delivery of possession, the petitioner constructed a shop-cumresidential building on the leasehold premises with prior permission from all appropriate authorities, viz. . Special Planning Authority, Bhubaneswar, Estate officer, Bhubaneswar, and the Notified Area Council, Bhubaneswar and let it out to Allahabad Bank with effect from 1-11-1973 who uses it as a residence-cumoffice.